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  • Hughes v. UGI Storage Co.

    Publication Date: 2020-11-23
    Practice Area: Real Estate
    Industry: Energy
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1274

    Although natural gas company was empowered by state law with eminent domain authority, it could not exercise that power in the absence of a certificate of public convenience issued by federal or state regulators, and thus without authority to exercise eminent domain landowners could not prove company had effected de facto taking. Order of the trial court affirmed.

  • M & T Bank v. Lapensohn

    Publication Date: 2020-11-16
    Practice Area: Real Estate
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Rogers
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1148

    Plaintiff was entitled to summary judgment in its ejectment action, and defendants waived their arguments that they did not receive discovery. The court concluded that judgment in favor of plaintiff should be affirmed.

  • Sampathkumar v. Chase Home Fin., LLC

    Publication Date: 2020-11-02
    Practice Area: Real Estate
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1196

    Trial court properly granted partial summary judgment in appellants' action alleging trespass, conversion and conspiracy, defendants moved to quash appellants' appeals and court upheld trial court's pretrial rulings, agreed the statute of limitations barred the trespass claims, conspiracy claims failed as a matter of law and quashed the appeals. Judgment affirmed, appeals quashed in part.

  • Fenstamaker v. Clark

    Publication Date: 2020-10-26
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1085

    The court sustained defendants' preliminary objection and ordered the parties to participate in mandatory mediation, as required by a real estate sale agreement.

  • LBM Scranton, LLC v. Richardson

    Publication Date: 2020-10-26
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1089

    The court awarded plaintiff compensatory damages for the fair rental value of commercial property after defendants refused to vacate property following a tax sale.

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  • Lehman v. Smith

    Publication Date: 2020-10-26
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1086

    Plaintiffs established, through the irrevocable license doctrine, an easement over an access road on defendant's property where they incurred a substantial expenditure of $4,000 as well as time and labor to install the access road based on the mutual understanding that all parties would be able to continually use the road. The court granted plaintiffs relief.

  • N. Penn Towns, L.P. v. Concert Golf Partners, LLC

    Publication Date: 2020-10-19
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1018

    While plaintiff's allegations, if accepted as true, made a case for unjust enrichment, the company was not entitled to a constructive trust on real property as a remedy for the alleged unjust enrichment; therefore, plaintiff failed to demonstrate that title to real property was at issue. The court recommended affirmance of its order striking plaintiff's lis pendens.

  • Tortuga Alegre Properties LLC v. Dublis

    Publication Date: 2020-10-12
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0991

    Defendants failed to state any reason under the procedural rules for staying this ejectment action, and the court held none of the prior emergency orders by the courts or the governor required a stay. The court overruled defendants' preliminary objection.

  • Pineda v. Perry

    Publication Date: 2020-10-05
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1078

    Defendants appealed order permanently enjoining them from denying plaintiff access to an alley and court found there was an "easement of access" that could not be impaired, defendants' proposed defenses of abandonment, merger or adverse possession were inapplicable to this case and court lifted the stay and suspension of the permanent injunction. Affirmed and stay lifted.

  • Wilmington Savings Fund Soc'y, FSB v. Unknown Heirs

    Publication Date: 2020-09-21
    Practice Area: Real Estate
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0925

    Where the plaintiff bank sent notices applicable to this mortgage foreclosure action to the residence which was the subject of the residential mortgage, where defendant admittedly resided, the bank substantially complied with the notice requirements of both Acts 6 and 91. The court granted plaintiff's motion for summary judgment.